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No major changes to constitution following conference

By Tichaona Sibanda
24 October 2012

Any changes to the draft constitution following the second All-Stakeholders
conference in Harare will only be based on consensus, a COPAC co-chairman
said on Wednesday.

Douglas Mwonzora, the MDC-T spokesman and COPAC co-chair, told SW Radio
Africa they would only make changes to the draft charter if everyone in the
various thematic committees wanted changes.

‘The most important thing to come out of this conference is that people
accepted the draft. They did not reject it as had been hoped by some
skeptics and destructive elements of society.

‘What people did was to try and improve the draft and certainly not to
reject it. We have few areas where delegates wanted improvements, but the
rest wanted it like that,’ Mwonzora said, adding they were quite happy that
everything went according to plan.

Asked to give an example of what constituted a consensus, the Nyanga North
MP explained; ‘Delegates noted that the right of youths to education and
empowerment was in the national objective and not in chapter 4 of the
Declaration of Rights. A point was therefore made that the rights of youths
must be put in the Declaration of Rights and there was no argument against
that. That’s an example of consensus.’

However Mwonzora said there was no consensus on many of the contentious
issues such as devolution.‘But this is not a new disagreement, it’s a
disagreement we were aware of when we drafted the constitution. In a
nutshell there won’t be wholesale changes to the draft and they can’t be a
deadlock because there was nothing new that was brought on the contentious
issues.’ he said.

While it didn’t take time for some thematic committees to give thumbs up to
the draft, others dealing with devolution, dual citizenship, security
services and the executive took hours arguing on the need to make changes to
some clauses. But the arguments came to nothing.

It’s also reported that it took less than 30 minutes for the thematic
committee on principles of public administration and leadership to finish
its work without making any changes or recommendations.

The two day conference was attended by over a thousand delegates and COPAC
has already started compiling a report and will send it to parliament,
together with the draft and a national report.

Mwonzora reiterated that only Parliament and not the principals, as stated
by Robert Mugabe, had the right to make changes to the draft.
‘Mugabe’s message was confused and confusing. He seems to be implying that
the principals must do the constitution themselves. They cannot do that. We
(COPAC) are writing the constitution and we are capable of doing any
adjustments to the draft.

‘The principals can of course intervene where there is a problem, to ensure
that the COPAC program runs smoothly like what happened with the conference.
The principals will have a say when the constitution is taken to cabinet,’
the MP said.

Meanwhile, it’s reported that controversial businessman and ZANU PF delegate
Themba Mliswa grabbed a COPAC video camera and fled with it after noticing
the cameraman filming him during the deliberations.

Newsday reported on Wednesday that Mliswa was filmed while blaming his party
“for failing to coach the delegates well.” He demanded that the cameraman
delete the recording, but when the cameraman refused Mliswa wrested it from
him, in the presence of the police who did nothing.

Mliswa later told journalists he had taken the camera to Harare Central
Police Station.

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Referendum In January Earliest - COPAC

Harare, October 24, 2012 - Zimbabwe is going to hold a referendum earliest
in January 2013 as having it this year only applies theoretically, the
constitutional parliament select committee has said.
This comes after the peaceful completion of the Second All Stakeholders
Conference where political parties and stakeholders proposed some few
amendments to the draft constitution. One of the amendments regards the
rights of youths which had not been included in the Bill of Rights.

"There are still a lot of things that need to be done. For example the
financing as well as the hand over take over of the constitutional process
from COPAC to the Zimbabwe Election Commission (ZEC). A referendum is an
election and it falls under ZEC,” COPAC Co-Chair Douglas Mwonzora, told
Radio VOP exclusively in Harare Tuesday at the end of the Second All
Stakeholders Conference.

ZEC early this month said they needed about $104 million for the referendum.
It also indicated that at least six weeks was needed to put logistical
arrangements in place.

Finance minister Tendai Biti recently said treasury had no money for
by-elections which President Robert Mugabe was ordered to hold by end of
next March by the Supreme Court.

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Mugabe faces fight over constitution takeover

23/10/2012 00:00:00
by Staff Reporter

PRESIDENT Robert Mugabe faces resistance in his bid to wrest control of the
new constitution from Parliament with Copac chairmen insisting that GPA
Principals have no role in the process while leaders of other political
parties accused him of trying to usurp the powers of the legislature.

Copac, a Parliamentary committee, has been steering the process to write a
new constitution but Mugabe told delegates to the second all-stakeholders
conference in Harare Monday that he, along with Prime Minister Morgan
Tsvangirai and his deputy, Arthur Mutambara, would have the final say on the
new constitution.

Said the Zanu PF leader: “Ivo vatatu vamuri kuona ava, tisu takanyora ichi
chinonzi Global Political Agreement.

“Ndisu zvakare takati kumember dzedu dzeParliament hapana anoti kwete, mese
munosungirwa kuvhota. Zvino idemocracy iyoyo? I am saying this because
sometimes Parliament thinks that it is full of sovereignty that it should
control the acts of the Principals, hazviite.”

Mavambo Kusile leader Simba Makoni said there was no basis for Mugabe’s
claim in the GPA and accused him of trying to usurp Parliamentary authority.

“The GPA Principals have no mandate to finalise the country’s constitution.
Nowhere in the GPA are the so-called Principals given a role, let alone
final say, in the making of the new constitution,” Makoni said in a

“The import of the President’s remarks is that the people’s views do not
matter at all … the three GPA leaders are not the only people in Zimbabwe;
the country has fourteen million citizens.

“But) this should not surprise anyone, since disregard of the will of the
people has been President Mugabe’s hallmark for the past two decades.

Copac co-chair Douglas Mwonzora said Mugabe’s statement was an attempt to
interfere in the affairs of the legislature.

“I don’t agree with the President,” Mwonzora said in an interview.

“It was just a statement and I didn’t actually get what he meant in terms of
at what stage are the principals going to come in. The legislature is an
equal arm of the State just like the judiciary and the executive.

“Copac will produce a national report after tabling the matter to Parliament
that’s when our job end. The executive will only come into the fold when the
document reaches cabinet.”

Mwonzora’s Zanu PF counterpart, Paul Mangwana, said the Principals could
only intervene in the event of a deadlock adding: “There is always this
structure - the principals have given us (management committee) . . . they
can always come in on areas where the Select Committee cannot reach a

“If we are able to deal with those views, then there will be no need for
them to come in but in the event that we have conflicting views, then
principals will intervene.”

MDC leader Welshman Ncube, who boycotted Monday’s opening ceremony, claimed
that Mugabe was planning to hand control of the process to a Cabinet
committee chaired by Mutambara.

Meanwhile, the conference ended Tuesday with delegates still divided over
proposed changes to the draft although Mwonzora insisted that no major
changes had come up adding a referendum on the document would likely be held
in January next year.

“There is no new thing brought up except minor terminology changes. Most
delegates have expressed confidence in the COPAC draft,” he said.

“The delegates have also seen for themselves that there is no homosexuality
in the draft, it was just propaganda, political grandstanding peddled by
people who wanted to have this process abandoned.

“We have always said we wanted elections with a new constitution and now
that the process has been a success, it is possible to have a referendum
this year but logistically it might be impossible but by January we should
have a referendum.”

Zanu PF’s Patrick Chinamasa added: “We are prepared to bend backwards just
to have this process through.”

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UN ready to dispatch election monitors

The United Nations says it is ready to dispatch monitors to observe the
forthcoming elections should Zimbabwe give them the green light.

by Garikai Chaunza

“At the moment we do not have a request from the government with regards to
the election monitoring. Unless we get a clear request from the government
we believe and respect that elections are national events which are run by
its people. We have not yet reached that stage right now, so we will wait
for a clear request from the government”, United Nations Development
Programme Country Resident Representative, Mr Alain Noudehou, told
Journalists in Harare Wednesday.

President Robert Mugabe is on record saying election observers and monitors
from the west are not welcome. Mugabe insists elections will be held next
year in March.

Noudehou said they are prepared to finance the bankrupt Zimbabwean
government to hold a referendum on the draft constitution.

“We have been assisting the Constitution-making process since its inception
and we will continue doing so. What we are waiting for is the government’s
engagement in that regard, “he said.

The country needs about $104 million for the referendum. But the government
says it has no money.

According to COPAC, the referendum will be held in January next year.

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PM Visits Botswana For First Bilateral Talks

Violet Gonda

WASHINGTON — Zimbabwe Prime Minister Morgan Tsvangirai begins a two-day
State visit in Botswana Wednesday where he will hold his first bilateral
talks as a government leader with President Seretse Khama Ian Khama.

Representatives from the finance, transport, water and agriculture
ministries form part of Mr. Tsvangirai's delegation.

The Prime Minister’s spokesman, Luke Tamborinyoka, told VOA some of the
issues to be discussed include the $64 million credit line facility signed
by the two countries recently, the opening of a new border post and the
possibility of Harare and Gaborone embarking on a critical joint water
project to save drought-stricken regions in the two countries.

“The other issues include discussions around the implementation of the
agreement on the control of foot and mouth disease, opening of the Mamabaka
& Malambele border posts; and the tripartite agreement between Botswana,
Mozambique and Zimbabwe to develop a rail link and port for the
transportation for coal and other commodities from the three countries to
the eastern markets," Tamborinyoka said.
Interview with Luke Tamborinyoka

According to press reports, Mr. Tsvangirai will also brief Khama on the
political situation in Zimbabwe, including recent statements by senior Zanu
PF officials and an army general that they will not recognize the MDC-T
president if he wins the next election.

Although Tamborinyoka confirmed Mr. Tsvangirai will have a private
discussion with the Botswana president on the sidelines of the government
program, he could only say the Prime Minister will update Mr. Khama on
developments in Zimbabwe, especially the just-ended Second All Stakeholders
Conference on the new constitution.

Mr. Khama, one of the Southern African Development Community Heads of State
who are guarantors of the Global Political Agreement in Zimbabwe, invited
the Zimbabwe Prime Minister for the two-day working visit.

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Over 2,000 minibuses impounded in another “cleanup”

By Tererai Karimakwenda
24 October 2012

Operation Nguva Yakwana, a traffic operation recently launched by the Harare
City Council, has to date impounded over 2,000 commuter omnibuses and caused
transport nightmares for Harare residents.

City officials say the campaign is meant to bring “sanity” to the crowded
Central Business District and is aimed at those who are violating city
codes. This includes operators without permits or rank discs and those who
load and offload in illegal restricted zones.

Leslie Gwindi, city public relations manager, told the local press that so
far 792 operators had been impounded for operating without permits, 470 had
no rank discs, 503 violated rank designations and another 263 were impounded
for road obstructions.

According to the state run ZBC news Gwindi said the city would continue to
penalize violators until “sanity” prevails in the capital. “Sanity” is the
same excuse that the Health Services Director Dr. Stanley Mungofa used when
the city embarked on a blitz that shut down 228 shops this month, saying
they were illegal.

It is feared that officials in the capital are conducting another demolition
exercise similar to “Operation Murambatsvina”. The 2005 demolitions
displaced nearly one million people, with the ZANU PF government claiming it
was a “cleanup exercise”.

The Harare Council is run by a majority of MDC councillors, who are facing
criticism for failing to help the people and forgetting who voted them in.
But Promise Mkwananzi, secretary general of the MDC-T Youth Assembly, blamed
the policies targeting small businesses on the Local Government Minister,
Ignatius Chombo.

“ZANU PF continues to exercise arbitrary power through the Ministry of Local
Government, who has more or less executive power over local authorities.
What we see here is the continuation of the insensitive attitude of ZANU PF
towards the way they treat people”, Mkwananzi explained.

He added: “ZANU PF purports to be promoting local businesses through
indigenization policies and so forth. But the same ministry under Chombo
drives out innovative people trying to make a living out of very difficult

Before “Operation Nguva Yakwana”, commuter omnibus operators were struggling
to deal with gangs of ZANU PF thugs who forced them to pay daily “operation
fees”. Some drivers had refused to pay this illegal fee imposed on them by
the gangs, sparking a turf war that saw violence break out at the bus ranks.

In addition operators are being victimized by the police at roadblocks,
where they are forced to pay illegal bribes or risk being fined for
violations that are made up on the spot.

There are an estimated 6,000 minibuses operating in the capital. Impounding
over 2,000 of the fleet has caused serious transport problems for commuters.
Those who are still operating are reportedly taking advantage of the
situation and charging more per trip.

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Displaced Epworth residents invited back to rebuild

By Tererai Karimakwenda
24 October 2012

Over 200 families that became homeless last week, after a government owned
company demolished their homes, have been invited back, by government, to
rebuild their homes.

Sunway City, a subsidiary of the government’s Industrial Development
Company, last week acquired a court order to demolish the homes, on the
basis that they were illegal. Residents were not given enough notice to find
alternative accommodation.

But reports said a decision had been made by government on Tuesday, “to turn
the industrial area into a residential area” in order to accommodate the
displaced families.

A report in Newsday newspaper quotes the deputy minister of Local
Government, Sesel Zvidzai, as saying government will provide funds “to
assist in the housing programmes”. But we were unable to reach Zvidzai to
get further details.

It has also been revealed that most of the people who had been given land at
the site were ZANU PF supporters who paid “shadowy” local officials, not
knowing the officials had no authorization to parcel out land in Epworth.

Mfundo Mlilo, coordinator at the Combined Harare Residents Association
(CHRA), said many people are being fooled by ZANU PF officials who are not
authorized to make land deals in Harare. The Minister of Local Government,
Ignatius Chombo, has been implicated in many of these illegal land deals,
but no one has been able to prosecute him.

“Most of these people are hungry for land and have nowhere to go. So they
are being duped by ZANU PF officials to pay some amount of money so that
they get land. But there is a lot of corruption. Years down the line that
land is taken away in the same fashion that we have seen in Epworth,” Mlilo
told SW Radio Africa.

Mlilo said it is not clear whether government will pay for the Epworth
residents to rebuild their homes. But he explained that it is “highly
unlikely” because many families that were displaced during Operation
Murambatsvina in 2005, are still homeless and government has not provided

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Zanu PF 'youths' invade Mtanda's farm

Wednesday, 24 October 2012 09:51
HARARE - About 100 Zanu PF supporters have reportedly invaded Caps Holdings
Limited (CAPS) owner Frederick Mtanda’s Winray Farm in Mashonaland West
province under the pretext that it has been “declared party property”.

While the Harare businessman was unsure about the motive of the latest
disruptions, the Mutorashanga incident forms part of a series of wanton
actions to take-over the farm altogether since government also tried to
acquire the land in recent years.

On the other hand, Zanu PF secretary for lands Ignatius Chombo yesterday
dismissed the incident, saying the party had no policy or interest to be
involved in farming directly and, therefore, the Winray overrun was illegal.

“The party has no ambition of owning farms. In fact, they have always been
allocated to individuals,” he said, adding there were also possibilities
that the “people masquerading as Zanu PF youths and women had been deployed
by the party’s detractors”.

Attempts to secure comment from party spokesperson Rugare Gumbo, Rural
Resettlement minister Herbert Murerwa and Mashonaland West provincial
administrator one Mr Shumba were unsuccessful, as their mobile phones went

With President Robert Mugabe’s land redistribution exercise benefitting
party cronies and allies, the invaders want Mtanda out of the
highly-productive 1 600 hectare farm under a nasty twist to the chaotic
programme, which has seen black-on-black violence increase in recent years.

“This is not the first time they have done this (as) they have (also)
resettled people on the other part of the farm using the same method.
Initially, the farm was over 2 000 hectares,” the troubled businessman told
the Daily News yesterday.

A controversial character and businessman, Mtanda has also been in the news
for an alleged $25 million fraud at his drug manufacturing firm, although he
denies the charges.

Known by his wartime nom de guerre, Chillis, the ex-freedom fighter and
personal assistant to the late Vice President Joshua Nkomo has also grabbed
the headlines after clashing with several Zanu PF functionaries over Zapu
properties countrywide.

In what could be considered a cheeky political move or development in Zanu
PF circles, he has also written the foreword to Nkomo’s popular and
republished autobiography The Story of My Life, which also chronicles his
travails at the hands of Mugabe’s post-independence administration.

Zanu PF ‘youths’ invade Mtanda’s farmZanu PF secretary for lands Ignatius
Chombo. - Xolisani Ncube

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Tobacco exports to China top US$40m

24/10/2012 00:00:00
by Business Reporter

ZIMBABWE exported tobacco worth US$40 million to China, representing about
40 percent of the overall crop produced this year, the Tobacco Industry
Marketing Board (TMB) revealed this week.

TIMB chief executive Andrew Matibiri said exports to China attracted average
prices of US$8.60 per kilogramme which was significantly better than the
US$7.28 price achieved in 2011 when the country exported 57 million kgs.

“Our tobacco continues to be in demand the world over. China is not alone in
the pursuit of our tobacco. This is so because of its good smoking flavour
and very few cigarette brands globally are made without Zimbabwean
components," said Matibiri.

Zimbabwe earned US$525 million for 144 million kgs of tobacco this season, a
46 percent increase from last year's US$360 million.

Overall output missed the 150 million kgs production target for the just
ended season but tobacco farming continues to rebound after years of

South Africa is the leading consumer of local tobacco in the region,
importing 12 million kg last year and another 7 million kg this year.
Elsewhere on the continent, Sudan imported one million kg last year and two
million kg so far this year from Zimbabwe.

TIMB said Japan was offering the highest price for tobacco from Zimbabwe for
the 2012 season at US$10,63 per kg. Britain, Belgium and the United Arab
Emirates have also shown great interest in local tobacco, with the UK buying
ten million kg last season and 11 million kg so far this year.

The UAE has so far imported five million kg from Zimbabwe, eight million kg
shy of the figure it imported last season. Belgium last year imported nine
million kg of local tobacco and has so far imported seven million kg.

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Gono faces fresh probe

The Reserve Bank of Zimbabwe Governor, Gideon Gono, faces another probe by
Parliament despite resistance from a strong clique within Zanu (PF) that
reportedly benefited from his monetary and agricultural equipment handouts
in the past.

by Tawanda Majoni/ Edgar Gweshe

Chairman of the Parliamentary Portfolio Committee on Agriculture, Lands and
Resettlement, Moses Jiri, told The Zimbabwean the committee wanted Gono to
appear before Parliament to explain how he allocated farming equipment under
the multi-million agricultural mechanisation programme. He is also expected
to defend several claims of financial impropriety. Previous attempts to
fully probe Gono failed because of fierce opposition from a Zanu (PF) group
that benefited from the alleged corrupt activities at RBZ, particularly
between 2003 and 2009.

Cabinet ministers, top government officials, parastatal heads, military,
police and intelligence top cats reportedly received monetary gifts, cars
and farming equipment from Gono under shady arrangements. They are now
working flat out to prevent the probe. Jiri said the committee’s efforts
were being met with fierce resistance from a coterie of Zanu (PF) fat cats
who fear the move will expose their corrupt activities.

“The major challenge is that there are certain individuals within Zanu(PF)
who benefited from the fraudulent deals and now they fear that if Gono is
probed, they will be exposed. They are trying their best to ensure the issue
is swept under the carpet,” said Jiri.

“Because of the delay which is being caused by those who do not want their
illegal activities exposed the probe has taken longer than necessary. Also,
our work has been hindered by the fact that Parliament has not been sitting
regularly and the Committees have also been suspended,” he said.

Zanu-(PF) Member of Parliament for Mhondoro-Ngezi, Bright Matonga who is
also part of the Parliamentary Committee on Agriculture, Lands and
Resettlement dismissed the possibility of another investigation into Gono
and RBZ.

Matonga, who controversially acquired a sprawling orange farm in Mashonaland
West at the height of the fast track land redistribution programme, is one
of the most prominent beneficiaries of Gono’s quasi-fiscal activities.

“It is public knowledge that I benefited from RBZ’s farm mechanization
programme and I don’t have any regrets for that”.

The Reserve Bank of Zimbabwe Governor, Gideon Gono, faces another probe by
Parliament despite resistance from a strong clique within Zanu (PF) that
reportedly benefited from his monetary and agricultural equipment handouts
in the past.

Chairman of the Parliamentary Portfolio Committee on Agriculture, Lands and
Resettlement, Moses Jiri, told The Zimbabwean the committee wanted Gono to
appear before Parliament to explain how he allocated farming equipment under
the multi-million agricultural mechanization programme. He is also expected
to defend several claims of financial impropriety. Previous attempts to
fully probe Gono failed because of fierce opposition from a Zanu (PF) group
that benefited from the alleged corrupt activities at RBZ, particularly
between 2003 and 2009.

Cabinet ministers, top government officials, parastatal heads, military,
police and intelligence top cats reportedly received monetary gifts, cars
and farming equipment from Gono under shady arrangements.

“We will not be probing Gono again because we don’t have the jurisdiction to
do so,” Matonga told The Zimbabwean.

Matonga argued that their committee could only investigate activities
regarding the previous financial year, and not beyond that period.

“Gono did an excellent job to bust sanctions. Theft happens where there are
sanctions. If anyone out there has evidence, let him go to the police,” he

“But this could be difficult since, as Matonga admitted, “the police, army,
institutions, everyone got money to survive from Gono”.

Another Zanu (PF) beneficiary of the mechanisation programme, Temba Mliswa,
in 2010 described police Commissioner General Augustine Chihuri as a very
corrupt person.

“Chihuri…is the most corrupt police officer in the country. He is promoting
corruption instead of stopping it. President Mugabe must fire Chihuri
because as long as he is at the helm of the police, corruption will never
stop in Zimbabwe,” said Mliswa, who is named in an active but parked fraud
case being handled by the Serious Fraud Section at Ahmed House.

In the case, DR 15/07/10, Mliswa, through his company called Saltlakes, is
being accused of having fraudulently acquired $6million from RBZ. Documents
at hand show that Mliswa allegedly purchased tobacco from farmers and had it
processed through a local firm, but he later misrepresented that the leaf
had been spoilt by water and he thus could not repay the money.

In their investigations, the police queried why RBZ was communicating
directly with Mliswa when that should have been happening through a bank.

The motion to probe Gono was moved in Parliament in July by Zanu-(PF)
Goromonzi North Legislator, Paddy Zhanda, who also proposed a probe into
Gono’s personal finances and investments. At the time Gono declined to
reveal how the farming equipment and inputs were distributed under the Farm
Mechanization Programme when he appeared before the Parliamentary committee.
He cited the RBZ Act, which he said did not permit him to disclose client
information to third parties. This led to a heated argument and Zhanda
stormed out.

A further probe is underway by the Zimbabwe Anti-Corruption Commission after
Gono’s former advisor, Munyaradzi Kereke, produced a dossier outlining graft
at RBZ, which makes a raft of allegations against Gono.

These include giving thousands of dollars to a local newspaper; illegally
selling gold bullion; theft of RBZ Zimbabwe Stock Exchange listed shares;
payment for undelivered equipment; bribery and undercover diamond mining

Gono has accused Kereke of seeking to tarnish his image.

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Air Zim moves to avoid international ban

By Alex Bell
24 October 2012

Zimbabwe’s troubled national airline is reportedly set to resume regional
and international flights, in a bid to avoid a ban by the global air
transport group.

Air Zimbabwe suspended its services earlier this year amid crippling strikes
by their staff and massive unpaid debts, which led to the seizure of an
aircraft in London.The airline was also recently suspended from the
International Air Transport Association (IATA) after failing to comply with
global safety standards.

Air Zim was given until November 31st to comply with IATA’s international
standards or face a ban from using international airports and airspaces in
other countries.

In an apparent effort to beat this deadline, Air Zim is now making moves to
get back into the sky. The state ZBC News reported that the airline has
managed to acquire two airbus planes to service its regional and
international route, and the flights are expected to resume soon.

The planes were delivered early this month. No details about how and where
the cash strapped parastatal found the resources to acquire the planes have
been availed. There is speculation that the Chiadzwa based Mbada diamond
mining firm, which has its own aircraft, could be involved in assisting.

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Lawyers ditch Rushwaya

Wednesday, 24 October 2012 09:47
HARARE - Former Zimbabwe Football Association (Zifa) chief executive
Henrietta Rushwaya was abandoned by her lawyers yesterday as her corruption
trial opened at the Harare Magistrates’ Court.

Rushwaya, who was fined for wilful default after failing to appear in court
on time as she scampered around looking for a lawyer, appeared for trial
alone after her lawyers ditched her after their attempt to scuttle the trial
was thrown out by the magistrate.

Magistrate Esthere Chivasa had earlier dismissed Rushwaya’s application to
stop the trial pending application for review of the magistrate’s decision
at the Attorney General (AG’s) office.

Rushwaya’s lawyer Jonathan Samukange did not turn up for the afternoon trial
after he had insisted that the trial be stopped. Chivasa had dismissed his
application saying the appeal for review did not stop the corruption trial

“I’m actually clear that the application for review does not stop the
proceedings from these lower courts so I am convinced that the trial should
proceed,” said Chivasa.

After a brief adjournment, defence attorney Dumisani Mtombeni, standing in
for Samukange, immediately applied for a postponement of the matter to today
since the court had dismissed their application to stop trial. - Ivan

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Mai Tsvangirai donates food hampers to families of detained Glen View 31

Wednesday, 24 October 2012

Mai Elizabeth Tsvangirai today donated foodstuff worth thousands of dollars
to the families of 31 MDC members who are facing false charges of murdering
a police officer.

The goods were donated at the party headquarters, Harvest House.

Presenting the food stuffs which included maize meal, flour, rice, dried
fish, cooking oil and other accessories, Mai Tsvangirai urged the families
of those in remand prison not to lose heart. “God will have an answer to all
what is happening and you should note that you are all not alone,” she said
quoting Bible verses of Proverbs 31 vs 10 and Psalm 46.

Mai Tsvangirai said she was happy to learn that when she visited those in
prison early this month she got comforted in learning that they were holding
prayers every day. “Therefore, I urge you to support them in prayer and God
will create a way,” she said.

Some of the accused Glen View 31 have been in remand prison for over 17
months as they have been denied bail on several occasions. Among those in
remand prison is the Youth Assembly chairperson, Solomon Madzore.

The MDC Deputy Treasurer General, Hon. Elton Mangoma said the incarceration
of the MDC members was nothing but political and a true reflection of the
evil nature of Zanu PF party. “That is why the 31 were arrested. What law is
there? That people are arrested and denied bail yet we have a case in Shamva
were police officers killed people but are walking scot-free. The message
that Zanu PF is sending is that it is running scared because of its past
actions,” said Hon. Mangoma.

Hon. Nelson Chamisa, the organising secretary said the arrests of the 31
members had not only affected the party but had seriously dislocated family
structures. “Arrests have no time or warning especially in this time where
we have a dictatorship. As a party, our position is that the accused have
not committed any crime. As a party we respect peace and justice that is why
President Tsvangirai released doves as a sign of peace during the 13th
Anniversary celebrations in Bulawayo. As a result we want to thank Amai for
leading us in this humanitarian programme,” said Hon. Chamisa.

The event was attended by senior MDC officials who included the deputy
national chairperson, Hon. Morgen Komichi, national spokesperson, Hon.
Douglas Mwonzora, national executive members, Hon. Paurina Mpariwa, Hon.
Lucia Matibenga and the Harare provincial leadership led by Hon. Paul

The Last Mile: Towards Real Transformation!!!

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Chombo’s teams gobble $1m

Probe teams set up by Local Government Minister, Ignatius Chombo, to
investigate councils across the country resulting in unfair dismissals of
MDC-T officials have gobbled close to $1 million in the past seven months.

by Brenna Matendere

The Zimbabwean has established that most of the money went towards
allowances for probe team members. Eight MDC-T mayors and 16 councillors
have been suspended or fired by Chombo, including Mayors Brian James of
Mutare, Tinashe Madamombe of Bindura, Lionel de Necker of Gwanda and
Zvishavane Town Council Chairman, Alluwis Zhou.

Harare City Council was the biggest casualty with seven councillors
dismissed, followed by Rusape with five and Banket with two. “We have always
opposed the objectivity of the teams set up by Chombo. Over $750,000 has
been taken from cash-strapped councils and the ministry to finance their
controversial work,” said Deputy Local Government Minister, Sessil Zvidzai.

“If they had, for instance, bought water chemicals or refurbished aged
pumping systems countrywide using that money, would we not be a step further
forward?” asked Zvidzai.

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Zanu (PF) vote-buying villages sprout

In a desperate bid to win the general elections set for 2013, Zanu (PF) is
settling homeless people on unapproved residential stands here as a way of
securing their support.

by Staff Reporter

More than 200 poor families have illegally taken occupancy of one of the
settlements, Linderis Farm, some 2km from the Epworth Local Board on the
border with Zanu (PF) MP Hebert Murerwa’s Goromonzi constituency.

The settlement, popularly known as Magada, resembles a Zanu (PF) base, with
party flags flying all over the place. While the place has existed as an
informal settlement for some time, it tends to expand whenever there is an

“All that is required to secure a residential property here is a Zanu (PF)
membership card. Prices of stands range between $100 and $150,” said a youth
leader responsible for vetting applicants, who identified himself

He said residents were not encouraged to construct permanent structures for
now, as the properties were yet to be serviced. Successful applicants make
cash payments to the Zanu (PF) village chairperson, only identified as Mai

Most settlers are former tenants from urban areas and struggling members of
the defence forces. Many Zanu (PF) officials at the farm, who share the cash
paid by settlers, have bought themselves residential properties and
constructed big houses at the neighbouring Glenwood Suburb.

“Besides cashing in on desperate poor home seekers, Zanu (PF) will destroy
the environment through their massive brick-making projects. Bricks have a
ready market in Epworth, especially at Glenwood. Judging from past
experiences, the settlers will be evicted soon after the elections,” said a
settler who could not be identified for security reasons.

People dig shallow pits for toilets while others relieve themselves in the
surrounding bush. Officials at Epworth Local Board refused to comment,
saying: “The area is not under our jurisdiction.”

A council official, who answered the phone at Goromonzi Rural District
Council, said the rural authority was not aware of such a settlement,
adding: “Some of these things are mere political gimmicks.”

Recently, similar illegal settlements were demolished at Cell 7 and Zimbabwe
Phosphates area in Epworth leaving some 250 families homeless.

Zanu (PF) through its Harare Provincial Chairperson, Amos Midzi, took a
swipe at the demolitions. “Destruction of people’s shelter is both inhuman
and barbaric,” said Midzi. However, in the winter of 2005, Zanu (PF)
embarked on unprecedented residential and business property destruction
nationwide. The globally condemned Operation Murambatsvina (Clean up)
displace hundreds of thousands of families homeless.

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Zimbabwe's Jan-Sept gold output up 22 pct

Wed Oct 24, 2012 2:33pm GMT

HARARE Oct 24 (Reuters) - Zimbabwe's January-September gold output rose 22
percent from the same period a year ago to 11 tonnes, generating $585
million in revenue, data from the mining chamber showed on Wednesday.

Gold output in the southern African country is expected at 15 tonnes this
year, compared to 13 tonnes in 2011.

Output remains below the 27 tonnes reached in 1999 before a decade-long
economic crisis that was at its worst in 2008 when hyperinflation crushed
the economy, forcing most mines to shut.

South Africa's Metallon Gold is the largest bullion producer while
Toronto-listed New Dawn Mining and Caledonia Mining and London-listed Mwana
Africa also produce gold.

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Zimbabwe to issue $30 mln bond for power utility

Wed Oct 24, 2012 6:41am GMT

By Nelson Banya

HARARE Oct 24 (Reuters) - Zimbabwe's state-owned infrastructure bank said on
Wednesday it will float a $30 million bond to raise funds for the national
power utility, as the country grapples with electricity shortages that have
crippled industry.

Infrastructure Development Bank of Zimbabwe (IDBZ) said in a statement it
would float the three-year bond with a 10 percent fixed rate on October 29.

"It was resolved that the focus of the bond issue be on the power sector,
which is a key enabler in the economy," IDBZ said.

Zimbabwe's infrastructure - including roads, railways, dams and power
plants - has been starved of finance due to a decade of economic collapse,
which eased somewhat with the formation of a power-sharing government in

Earlier this year, Finance Minister Tendai Biti said the country would float
$100 million bonds to rehabilitate its aged infrastructure.

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Zimbabwe counts cost of too many elephants

23/10/2012 00:00:00
by AFP

A HERD of elephants hobbles past a cluster of acacia trees to a water-hole
deep in Zimbabwe's vast Hwange game reserve, attracted by the drone of
generators pumping water round the clock into the pool.

With the elephant population ballooning, wildlife authorities have resorted
to using 45 generators, each consuming 200 litres (52 gallons) of diesel a
week from June to November, to ensure the animals can get water.

The strategy appears to be working. So far this year around 17 elephants
have died in the area due to the extreme heat and lack of water, compared to
77 last year.

"The elephants drink close to 90 percent of all the water (pumped) here,"
said Edwin Makuwe, an ecologist with the Zimbabwe National Parks and
Wildlife Authority, "I think elephants now know that when they hear an
engine running, chances are that there is water close by."

But the water, while life-preserving, may be running against the flow of
nature. The 14,600-square-kilometre (5,600-square-mile) reserve is home to
between 35,000 to 40,000 elephants, twice its capacity. The increase in the
elephant population has led to higher demand for water at the park, home to
over 100 different species of animals including the "Big Five": elephant,
lion, leopard, buffalo and the endangered rhinoceros.

Makuwe said the rise in the elephant population at the game reserve,
established in 1949, had also led to the destruction of the environment.

"There is so much activity by the elephants that the vegetation has been
affected negatively, the trees are no longer growing as fast as they should,
they are no longer producing as many seeds as they should. In the long term
this will have a negative effect on the entire habitat of Hwange."

He said the quality of the forage had gone down, with elephants stripping
tree barks and digging roots for food.
"The African savanna is supposed to be a mosaic of trees and grasses. The
moment you start to have more grasslands than trees it is not functioning as
African savanna."

Makuwe fears small animals and insects who live in the trees risk

"If you lose the trees and you are left with the grasslands, then definitely
some of the species will be lost," he said.
The authorities are yet to find a solution. "Some people advocate to let
nature take its course ... (but) we are yet to find a method which can
convince all the people to accept and bring down the (elephant) population,"
Makuwe added.

With tourists, who have shunned the country over the years, slowly
returning, there is little incentive to cull the main attraction.

In the meantime, Tom Milliken, of the World Wildlife Fund (WWF), said
elephants in Hwange were suffering greatly due to the water shortages.

"This is the worst time of the year for elephants and we still have a month
before the rains come," he told AFP. "Elephants have most stress this time
of the year when there is no water."

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Value of wetlands undermined

Wednesday, 24 October 2012 00:00

Cindy Mugwagwa

Harare, at 1 483m above sea level, sits at one of the highest points of
Zimbabwe’s central plateau and watershed. Within the city boundaries are
several sources of key rivers such as the Manyame and Mukuvisi which feed
Lake Chivero. Harare’s wetlands (vleis), often referred to as open green
spaces, are replenished only by rainwater and in turn replenish the urban
streams and rivers.
Their importance in Harare’s water supply is seriously overlooked and
undervalued by both the City Council and relevant Government departments.
Greater Harare sits in the headwaters of the Manyame and Gwebi catchment
basin and 6,5 million people currently depend on this invisible source for
their water supply. (At current rates this population will double in 12 to
14 years.)
At present, only 600 000 cubic metres of the daily city water requirement of
1,2 million cubic metres is being treated, much of which is lost through
major leaks in an outdated reticulation system.
Thousands of cubic metres of wastewater from industrial use and raw sewage
from faulty pipes are being discharged into Lake Chivero on a daily basis.
This situation would be far worse if Harare’s wetlands were destroyed,
because they provide the following services, absolutely cost-free.
l Recharging of rivers, headwaters and aquifers of the Mashonaland Plateau.
(Headwaters and aquifers contain 97 percent of the world’s unfrozen fresh
l Highly effective filtration of this recharged groundwater, which task
would otherwise fall on the expensive and under-capacity Morton Jaffray
Waterworks, where even chemical dosing is haphazard.
l Control of groundwater flow, which prevents river siltation and soil
erosion, but deposits nutrients which help maintain wetland biodiversity.
l A more efficient carbon sink (an area which absorbs and stores carbon
dioxide from the air) than forests.
The city’s service delivery of clean and adequate water is clearly woeful.
Forty percent of residents have no daily access to clean water and 40
percent lack adequate sanitation. The loss of water through leaks in faulty
pipe work is thought to be over 40 percent.
The average water table in Harare has declined from 15m to 30m over the last
decade because of wetland loss and illegal sinking of boreholes. The recent
gazetting and mapping, in July 2012, of 25 Harare wetlands has caused some
panic amongst unscrupulous property developers.
The Minister of Environment and Natural Resources Management declared the
areas in Harare to be wetlands in terms of Section 113 (1) of the
Environmental Management Act. As Section 113 (1) authorises the minister to
declare any wetland to be an “ecologically sensitive area”.
The gazetting process was flawed as a period for objections was omitted from
the Government Gazette.
Therefore the declaration has been repealed for October, to allow for
objections, and will be re-gazetted on November 1.
The actual declaration for the protection of these wetlands and mapping is
accurate and EMA (Environmental Management Agency) has confirmed that no
alterations will be made in this area.
This panic and the rapidly diminishing amount of undeveloped or “not
in-filled” land in the more central areas of Harare has caused a flurry
amongst voracious “developers”, particularly those with political
connections, who are looking to lay claim to anything they can get hold of
as they believe its value will increase exponentially in the future.
Their haste has led to an almost complete disregard for EIA (Environmental
Impact Assessment) procedures and environmental legislation and the
Environmental Management Agency appears to be assisting this move by failing
to respond to complaints and requests for protective action made by
residents in areas which are under threat.
Some of these include Borrowdale West, Gunhill, Lewisam, Monavale and
Meyrick Park.
Should this situation not be immediately addressed, there will be little
point in expecting that a “normal” life can be lived in Harare for any more
than a few years into the future.
Those who will suffer most will be the poor and unemployed in high-density
suburbs, who will have no access to clean water, which is a fundamental
human right enshrined by the United Nations.
Water-borne diseases will proliferate and overwhelm the already over-loaded
health system, the remaining industries in Harare will have great difficulty
in continuing to operate and many other as yet unforeseen difficulties will
One of the major concerns is the construction of the Mall of Zimbabwe set to
be built in one of the few wetland areas remaining in Harare, near the
National Sports Stadium.
The wetland is crucial for sustaining livelihoods in the region through its
ability to absorb water in the rainy season and then release it in the dry
It is said this ecosystem services approximately 6,5 million people.
The writer is an environment activist based in Harare.

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Back to the future: a new Zimbabwe beckons

24/10/2012 00:00:00
by Senator Obert Gutu

“I want people to remember me as someone whose life has been helpful to
humanity. We hope and believe that the best way of limiting the usurpation
of power by individuals, military or otherwise, is to put the people in
charge.Between fractions, between clans, plots and coups d'etats can be
perpetrated. Against the people, a durable coup d’etat cannot be
perpetrated. Therefore, the best way of preventing the army from
confiscating power for itself and for itself alone is to make this power
shared by the voltaic people from the outset.”
This is one of the most famous statements made by Captain Thomas Isdore Noel
Sankara, the charismatic leader of Burkina Faso from 1983 to 1987. It is a
pity that Thomas Sankara was assassinated at a very tender age of 38.

For me, Sankara represented a refreshing new breed of young African leaders
who were keen on debunking Afro-pessimism and on projecting Africa as a
continent of hope and opportunity – not the continent of poverty, despair,
war, hunger and disease for which it is known. I admire Thomas Sankara.

One does not have to dabble in robotics and mechatronis to sense that the
political mood in Zimbabwe is slowly but irreversibly changing. That
Zimbabwe is about to turn the corner is beyond disputation. We are on the
verge of turning this mighty country into one of Africa's jewels, once

We are embarking on a journey of nation-building. We are refusing to take
the economy class ticket on the plane heading towards development and
prosperity. We demand a front row seat in the premium class on that plane.
We are destined for greatness. We are a great nation. We are a great people.
We shall succeed. Defeat is not on our agenda.

We pay tribute to the founding fathers of this blessed nation. We are
inspired by the heroism of Joshua Nkomo, Herbert Chitepo, Albert Nikita
Mangena, Josiah Tongogara, Lookout Masuku and many others who laid down
their lives to ensure that we become an independent nation. My generation
and indeed, those generations to come after us, will forever cherish the
sacrifice made by the gallant daughters and sons of Zimbabwe as they
selflessly fought against a ruthless and racist settler colonial regime in
the 1960s and 1970s.

We appreciate that independence did not come on a silver platter. And as
such, we will not betray the revolution. We are not and we will never be
sell-outs. We might differ with the earlier generation of nationalists on
the methodologies that they adopted to create a post-colonial Zimbabwe.

Of course, many mistakes were committed by this earlier generation of
leaders as they hopelessly failed to establish a viable and sustainable
post-colonial nation state. Thieves and looters somehow joined the bandwagon
of these otherwise decent men and women. Unfortunately, these thieves and
kleptocrats hijacked the people's revolution as they relentlessly pursued
their devilish agenda of self- aggrandisement and primitive accumulation of
personal wealth while the majority of the people wallowed in poverty and

It is this bunch of renegades and political charlatans that we are now
fighting against. The revolution has always been our inspiration.For that
reason, we cannot and indeed, we shall not fight against the revolution. We
are children of the revolution. We are not sell-outs.

In our quest to establish a viable and economically stable nation state, we
hereby declare that we are not hobnobbing to the dictates of neo-imperialism
and neo-liberalism.Quite frankly, we agree that Africa's resources must be
owned and controlled by Africans. There is no debate on that one. We refuse
to be a client state of China or of the United States of America.We are
patriots who will never agree to sell our sovereignty for a few pieces of

But in the same vein, we will fearlessly denounce corruption and clientilism
no matter who practises it.Plunderers of the people's wealth should promptly
be given a one way ticket to Chikurubi. Ill-gotten wealth should be
expropriated and returned to the people. Put bluntly, no-one should be
allowed to benefit from corruptly acquired wealth. That is our agenda. That
is our mission. We are not fighting the revolution. We are not sell-outs.

As we seek to reconstruct the devastated nation called Zimbabwe, we are not
going to replace one set of thieves with a new set of kleptocrats. No! We
are not going to do that. Ours is a legitimate continuation of the
revolution that was started by our forebearers. We are not going to betray
the spirit of Mbuya Nehanda and Sekuru Kaguvi. We are not going to sideline
the spirit of Mzilikazi and Lobengula. We are a proud generation with a very
deep link with our history. We are not ashamed of being Africans. Indeed, we
are not ashamed of being black. We are dark and lovely!

A complete and total paradigm shift on issues of governance is what we are
clamouring for. Meritocracy as opposed to patronage and nepotism is what we
seek to establish.This is not about party politics. This is about a whole
shift in ideology and methodology.

When we attack the earlier generation of nationalists, it is not about
personalities. We attack the idea and not the person. Intolerance and
fascism have led Zimbabwe into a hell hole. People fight over personalities
instead of over ideas. We spent so much energy on pursuing petty factional
battles across the political divide. People are categorised into various
factions. We completely refuse to be factionalised. We do not belong to any
faction simply because we are smart enough not to be anyone's tool or pawn.

We belong to the people' faction. We will call a spade a spade.Like us or
hate us, we will not sell our souls and principles to comply with some
self-serving and narrow factional agendas. We always look at the bigger
picture. We never lose sight of the ball.

Zimbabwe will have a brand new constitution in the next few months. As some
of us have always argued, this constitution will be a negotiated document at
the end of the day. That is the way it is. When this new constitution is
finally adopted after the referendum coming soon, we should take this as a
unique opportunity to rebuild our shattered nation.

Zimbabwe does not deserve to wallow in persistent political strife and civil
unrest. Over and above adopting a new constitution for Zimbabwe, we also
have to adopt constitutionalism. Constitutionalism will assist us to
denounce and renounce repression, intolerance, militarism, dictatorship and
tyranny. Whoever wins the forthcoming elections, if they are free and fair,
should be allowed to peacefully assume power.

The people of Zimbabwe deserve better. We need a new brand of politics.
Politicians should come and go. No one is indispensable. Only God is! Our
national army and national police force should strive to be apolitical. They
should always strive to serve the people and not to only serve a particular
political party.

Thus, men and women in uniform should never be allowed to be active
political players in the New Zimbabwe that is now beckoning. It is not our
intention to politicise the uniformed forces nor to militarise the civil
service. In true democratic fashion, our uniformed forces should swear
allegiance to the government of the day; no matter who wins the next
elections to be held in June 2013.

Zimbabwe is a mighty, blessed nation.Very soon, Zimbabwe will go back to the
Obert Gutu is the Senator for Chisipite in Harare. He is also the MDC Harare
provincial spokesperson and Deputy Minister of Justice & Legal Affairs

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Bill Watch Parliamentary Committees Series - 24th October 2012 [Harare Public Hearing on 2013 Budget: 25 October]



[24th October 2012]

Harare Public Hearing on 2013 National Budget: 25th October

The House of Assembly’s Portfolio Committee on Budget, Finance and Investment Promotion will conduct a public hearing in Harare on the 2013 National Budget in Harare:

Date: Thursday 25th October

Venue: Rainbow Towers, Harare

Time: 2 pm

The portfolio committee spent last week holding hearings in the rest of the country.

About the Hearing

The purpose of the hearing is set out in section 28 of the Public Finance Management Act, which states that

the Minister of Finance may through the portfolio committee seek the views of Parliament in the preparation and formulation of the national budget

the portfolio committee must for that purpose conduct public hearings to elicit the opinions of as many stakeholders in the national annual budget as possible”.

The hearing therefore gives all stakeholders – interest groups, business organisations, farmers, miners and members of the general public – an opportunity to influence the crafting of the 2013 Budget through the portfolio committee. Public input at the hearings will be included in a report to be presented to the Minister for consideration as the 2013 Budget is put together in the Ministry. A report will also be presented to the Parliamentary Pre-Budget Seminar in the Victoria Falls at the beginning of November. The Minister of Finance will present the Budget in Parliament on Thursday 15th November.

All interested persons are welcome to attend the hearing, at which they will be given the opportunity to make contributions. If you want to make oral representations, signify this to the Committee Clerk before the hearing so that he can notify the chairperson to call on you. An oral submission is more effective if followed up in writing. If you are making a written submission, it is advisable to take as many copies as possible for circulation at the hearing.

Written submissions and correspondence are also welcome and should be addressed to: The Clerk of Parliament, Attention: Portfolio Committee on Budget, Finance and Investment Promotion. Parliament’s postal address is P.O. Box CY298 Causeway, Harare. If delivering, please use the Kwame Nkrumah Avenue entrance to Parliament, between Second and Third Streets, Harare.

NB: Members of the public who cannot attend meetings, including Zimbabweans in the Diaspora, can at any time send written submissions to committees by email addressed to to

For Further Information

For further information contact the committee clerks; Mr Chris Ratsakatika and Ms. Precious Sigauke, on the following contact numbers: Harare 700181/252941, Mobile: 0772 428 946 and 0773 473 233, Or by email: and

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

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Court Watch 20/2012 of 24th October [Anglican Church Cases - Supreme Court Reserves Judgment in Main Appeal]


[24th October 2012]

Anglican Church Cases: Supreme Court Dismisses 5 Appeals

& Reserves Judgment in 2

This bulletin will outline the background of these cases, Monday’s Supreme Court hearing, the position while judgment is awaited, and give a brief summary of previous relevant court decisions leading to these appeals


The Anglican Church in Zimbabwe has for many years been part of the Anglican Church of the Province of Central Africa, which is the supreme legal entity of the Anglican church in the region. The CPCA, while having a great deal of autonomy, is in turn part of the world-wide Anglican communion, symbolically headed by the Archbishop of Canterbury. The Province includes Zimbabwe, Zambia, Malawi and Botswana. Church property in the Province is owned by the Anglican Church of the Province of Central Africa, but is administered by trustees in each diocese [the Diocesan Trustees]. In Zimbabwe there are several dioceses, each headed by a bishop. Dr Nolbert Kunonga was elected and ordained as Bishop of the Diocese of Harare in 2001 in accordance with the constitution of the CPCA.

2007 Breakaway In late 2007 Dr Kunonga broke away from the established Church of the Province of Central Africa [CPCA] with a small group of followers to form a separate Anglican church for the so-called province of Zimbabwe, with Dr Kunonga as its Archbishop. This withdrawal was rejected as “unconstitutional and uncanonical by the CPCA; its stance being that the CPCA, as the official Anglican church, continued to exist in the Diocese of Harare and in Zimbabwe and could not be represented by people who had unilaterally chosen to leave. Dr Kunonga and his supporters, said the CPCA, had by their actions ”severed relationship with the Province of Central Africa” – and the CPCA had not legally been replaced by the breakaway Kunonga church. The CPCA, accordingly, proceeded to install a new Bishop of Harare, Bishop Bakare, who has since been succeeded by Bishop Gandiya. The CPCA continued to regard Dr Kunonga and his supporters as being no longer in communion with the Anglican church.

Dr Kunonga and his supporters, however, retained or took over possession and control of much church property, including churches and rectories, missions and their schools, hospitals and orphanages; and they have systematically, and sometimes violently, barred the CPCA and its members from using or accessing this property.

Monday 22nd October: Supreme Court Hearing

The Supreme Court sat on Monday 22nd October to hear the seven appeals that had accumulated over the past five years, all arising from High Court litigation over control of the Anglican church in Zimbabwe and its property. The appeals pitted the official Anglican Church of the Province of Central Africa [CPCA] against the breakaway Kunonga group and its followers. Although the whole of this week had been set aside for these cases, the court in fact completed the hearings on Monday, disposing of five appeals and reserving its judgment to a later date in the remaining two key appeals:

five appeals were swiftly dismissed for failure to comply with the rules of court [these were all appeals by Kunonga or his followers in cases that had gone against the Kunonga group in the High Court – see below]

in the remaining two appeals, argument by counsel from both sides was completed on Monday, and the court reserved judgment to a later date. [These were appeals by the official Anglican Church of the Province of Central Africa against decisions of Justice Hlatshwayo that went in favour of the breakaway Kunonga group. Justice Hlatshwayo, among other things, awarded all Anglican church property in the Diocese of Harare to the Kunonga group. See further below.]

The Arguments in the Supreme Court

The Supreme Court judges assigned to the appeal were Deputy Chief Justice Malaba and Justices Ziyambi and Omerjee. The atmosphere was businesslike. First, Justice Malaba raised the procedural defects and breaches of rules of court in the five Kunonga group appeals. These appeals were then dismissed. This left the court free to deal with the substantive issue between the parties – the correctness or otherwise of Justice Hlatshwayo’s decision of July 2009 in favour of the Kunonga group; as Justice Malaba pointed out, for practical purposes the Supreme Court’s decision on that issue would resolve the other CPCA appeal against Justice Hlatshwayo’s second decision to the same effect in May 2010.

For the CPCA, Advocate Adrian de Bourbon argued that by their actions in September 2007 the Kunonga group had voluntarily removed themselves from the CPCA as individuals and denied the authority of the CPCA, thereby causing a schism in the Anglican church. As the parties responsible for the schism, they could not lay claim to control of the church or its property. Legally, that control had remained with the CPCA. “In effect they [the Kunonga group] are saying that a member of a club can resign from a club but still insist that he is the Treasurer of the club.”

For the Kunonga group, Mr Kanengoni surprised CPCA supporters in court by arguing that Dr Kunonga and his supporters had never legally left the CPCA, but had all along retained their positions in the CPCA and their right to control the church and its property in the Harare Diocese. The breakaway church, he claimed, no longer existed. Advocate de Bourbon respondedWe would not have been here if Dr Kunonga was still Harare Diocese Bishop and recognising the authority of the CPCA.”

The Position While Judgment is Awaited

Harare diocese Until the Supreme Court decision is given, control of church property in the Diocese of Harare will remain with the Kunonga group. That is the effect of a ruling by Chief Justice Chidyausiku in August 2011 when he reinstated the CPCA’s appeal against Justice Hlatshwayo’s decision [see below for the history of this appeal and why reinstatement had become necessary].

Manicaland diocese Here the position may be different, because the dismissal of former Bishop Jakazi’s appeal means that Justice Bhunu’s May 2010 ruling in favour of the CPCA, and against ex-Bishop Jakazi, is no longer suspended.

High Court Decisions Against Which the Appeals Were Made

The breakaway of September 2007 was swiftly followed by a number of High Court cases, with both sides going to court over vcontrol and use of Anglican church property in the Diocese of Harare – and in the Diocese of Manicaland, where the previously incumbent bishop followed the Kunonga lead. By 19th January 2008 there had already been four urgent chamber applications for interim orders pending a decision in a fifth case initiated by the official CPCA for a definitive decision on use of church properties.

19th January 2008 – High Court ordered shared use of church premises: A judge issued an interim order that the church premises should be shared pending a final court decision. The judge’s order dealt with the allocation of time slots for church services and allowed for variations to be agreed at parish level. The Kunonga group noted an appeal to the Supreme Court and continued to debar [sometimes violently] the official CPCA’s congregations.

30th January 2008 – High Court rejected Kunonga group’s claims to church property: On 30th January 2008 the court dismissed a separate urgent application by the Kunonga group for recognition of its right to possess church property. The Kunonga group noted an appeal.

1st February 2008 – High Court ordered continued sharing of church premises notwithstanding appeal: The official CPCA launched an application to have the Kunonga group declared in contempt of court as the Kunonga group, often with police assistance, had continued to deny the official Anglican church access to church premises. The court dismissed the application, but ruled that the interim sharing order decision was still effective. The Kunonga group noted an appeal.

July 2009 – Justice Hlatshwayo decided in favour of Kunonga group: While trial of the main case brought by the official CPCA to get its properties back was still awaiting a much-delayed trial, Justice Hlatshwayo issued a judgment awarding the Anglican church property in the Diocese of Harare to the Kunonga group.

The Anglican Church of the Province of Central Africa [CCPA] appealed to the Supreme Court against the Hlatshwayo decision:

The Kunonga group applied for the appeal to be summarily dismissed because the CPCA had failed to provide security for their legal costs, as required by the rules of court. The Supreme Court granted this application on 3rd May 2010 and dismissed the appeal.

The CPCA promptly applied for reinstatement of its appeal But no decision was given on this application for over a year.

May 2010 – Justice Hlatshwayo barred the trial of the main CPCA case When the CPCA pressed for a trial hearing of their main case, Justice Hlatshwayo called both sides to his chambers, said his July 2009 decision had finally decided all issues, and ruled there was no need for a trial. The CPCA appealed to the Supreme Court.

It is the two appeals against Justice Hlatshwayo’s rulings in favour of the Kunonga group that are now being considered by the three Supreme Court judges after Monday’s hearing.

19th May 2010 – High Court ruled against Kunonga ally in Manicaland The former Bishop Jakazi of Manicaland followed the Kunonga lead and announced the Diocese of Manicaland’s withdrawal from the CPCA. The court held that as Jakazi had voluntarily left the CPCA, he had forfeited all rights over diocesan property, had no right to meddle in diocesan or CPCA affairs. Mr Jakazi noted an appeal to the Supreme Court.

31st May 2010 – the High Court suspended Justice Hlatshwayo’s decision: The suspension was to apply pending a Supreme Court decision on reinstatement of the CCPA appeal This should have revived the sharing arrangement but Kunonga immediately appealed, resulting in:

Reversion to Hlatshwayo judgment awarding property to Kunongo:

August 2011 – Chief Justice reinstated CPCA appeal against Justice Hlatshwayo’s judgment after a year’s delay. But he also decreed that Justice Hlatshwayo’s decision would be stand until the appeal was decided by the Supreme Court

Despite the Chief Justice’s call for expeditious finalisation of the dispute”, the Supreme Court hearing has taken 14 months to organise.

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